The trademark of the European Union is a mark for the identification and distinction of goods and services. It is valid throughout the European Union if it is registered with the European Union Intellectual Property Office (EUIPO). The trademark of the European Union is better known as European trademark or EU trademark. It offers equal protection in all European Union countries under a single registration procedure with EUIPO. The European trademark application falls into the category of so-called “regional applications”. It has similar content and follows a similar procedure as the trademark application in Bulgaria.

The EU trademark must distinguish the goods and/or services of one producer from those of other producers. In addition, it needs to be presented in a way that makes it possible to define a clear and precise subject matter of protection. The protection is granted to its holder through a registration certificate. The European trademark is valid for 10 years from the date of application. The registration can be renewed an unlimited number of times at the request of the holder.

It is advisable to use the services of an authorized representative to take action before the EUIPO. The experience and advice of professional representatives help applicants or companies who do not have experience in the field of trademark protection to avoid the difficulties caused by insufficient knowledge of the law, procedures, and deadlines for the registration of trademarks.

Specific characteristics

The proceedings in EUIPO go through certain stages, which have specific requirements. If the requirements are not met during some of the stages, the applicant shall be notified and given a certain period within those irregularities can be remedied. Observance and compliance with these deadlines are the sole responsibility of the applicant or his representative (if any).

The EU trademark application may be filed in any of the official languages of the European Community. The official languages are English, German, French, Spanish, and Italian – If the language is not one of them, it is necessary to choose one of them as a second language. The trademark of the European Union is filed directly before the EUIPO, and the application must contain:

– application form for registration of a European trademark;

– information enabling the applicant to be identified;

– list of goods and services for which registration is requested;

– the image of the mark that meets the requirements.

1. Filing of application

The use of the official registration form of the European Union Intellectual Property Office is highly recommended. Upon receipt of the application, it is checked whether it contains everything necessary and whether fees have been paid. If necessary, the applicant is asked to rectify existing irregularities. This stage ends with the application being given an application date.

2. Preliminary examination

The application may be refused by the European Union Intellectual Property Office on absolute grounds. The absolute grounds relate to the characteristics of the filled mark itself. Such grounds for refusal are present if the trademark for which registration is requested: is devoid of distinctive features; in one of the languages of the European Union, it is used exclusively to indicate the type, quality, quantity, purpose, value, geographical origin, or other characteristics of the goods or services.

In addition, in cases where the mark has become common in any of the Member States of the European Union in everyday language or in fair and durable commercial practices; contradicts public order and accepted principles of morality; is of such a nature as to be likely to mislead the public, for example as to the nature, quality or geographical origin of the goods or services. For verbal elements, the check is performed for all official languages of the European Union. A refusal shall be issued even if the absolute grounds for doing so exist only for a single member state of the Union.

3. Publication of the application

If the application passes the preliminary examination, it is published in the European Union Trademarks Bulletin issued by the Office of the European Union in all official EU languages.

4. Filing of objections against the registration

Within 3 months of the publication of the application for a European trademark, third parties may file an objection against the registration. Owners of earlier marks may object to the registration, stating the reasons and motives for it. The proceedings are pending before the Opposition Division of the European Union Intellectual Property Office, which cannot state ex officio relative motives for refusing registration.

Earlier rights, which are taken into account in the objection procedure, are earlier European trademarks, registered national or international trademarks valid in a member state of the European Union, well-known marks within the meaning of Art. 6a of the Paris Convention, an earlier mark or a trademark or any other unregistered mark imposed by use in trade which, under the law of the country concerned, entitles the proprietor to prohibit the use of a newer mark (e.g. company names and marks). Earlier rights may not be invoked if the proprietors of the earlier marks cannot, at the request of the applicant, prove that they have been used in the last five years.

5. Registration of EU trademark

If no objection is received within the prescribed period of 3 months after publication, the applied trademark of the European Union shall be registered. Upon completion of the registration procedure, the EU trademark shall be entered in the Register of the European Union Intellectual Property Office. Any transfer, licensing or other rights related to the trademark must be entered in the Register in order to have an effect with regard to the third parties. The list of goods and services for which each mark is registered is entered in the Register in all languages of the European Union, as well as any other information that must be translated to make it available to the citizens of the EU member states.